Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1887-09-30

yised. encouraged, aided, and Allotted one
Rudolph SchnaubeIt in the preparation of the
crime; others that they advised, encouraged
aided and allotted IN unknown person in the
preparation thereof.
The statute on this subject reads
sec. Q. An accessory is he who stands by and
aids, nbets, or assists, or who, not being pres
emit, aiding, abet:ing, or assisting, hath adj
vised encouraged, aided or allotted the perpe-
tration OF the crime. He who thus nids abets,
assists, advises or encourages shall be con-
sidered US principal and punished accordingly.
Every such accessory, when crime is COM
mitted within or without this state by his aid
or procurement in this State, may be indicted
and convicted at the same time as the princi-
pal, or before or after his conviction, and
whether the principal is convicted or nmenablc
to Justice or not, and punished as principal
the questions:
Did the defendants have a common purpose
or design to advise, encourage, aid, or nbet the
murder Of the police?
Did they combine together and with others
with n view to carrying that purpose or design
into effect?
acts or make such declarations in furtherance
of the common purpose or design as did actually
have the effect of encouraging, aiding, or abet-
ting the crime in question?
Tho questions nre based on the propositions
of law us laid down by the court and sustained
by previous decisions of this and other States.
The premises arc held that if the defendants
advised, encouraged, uided or abetted the kill
ing Of Deegan thoy US guilty as though they
took his life with their own hands, If any of
them stood by and aided, abetted or assisted
in tho throwing of the bomb those of them who
did SO are as guilty as Though they thre" 1t
themselves.
Joined to this is the charge that the defend
ants formed II common purpose and were
united in u common design to aid and encour-
age the murder of the policemen among whom
the bomb was thrown. If they combined to &C.
complish such murder by concerted action the
ordinary law of conspiracy is applicable, and
the acts and declarations of one OF them. done
in furtherance OF tho common design, are, in
contemplation of law, the acts and declarations
of all. This prosecution however, is not for
conspiracy as Il substantive crime. Proof of
conspiracy is only proper so far rs it may tend
to show Il common design to encourage the
murder charsed against the risoners. 1t may
be introduced for the purpose OF establishing
the position OF the members of the combination
MS accessories to the crime of murder
Also tho statute nboishes the distinction be-
tween accessories before the fact and principals.
BY it all accessories before the fact made
PRINCIPALS. AS the acts OF the principal ere
thus mnde the acts of tho accessory, the latter
muy DO charged us having done the acts him
self, and may be indicted and punished accord
insly
Following the propositions of law above laid
down, tho court holds that the Evidence under
them amply sustAins the charge tllnt the de-
PENDANTS We're engaged i'll II great conspiracy to
overthrow tho Inv, and that the throwing OF
the bomb in Haymarket Square on the evening
CT May WIS the direct result Of that consnir
acy First, there was at that time existing il
Chicago organization of Socialists or Am
archists whose purpose the overthrow OF
all laws which wero enacted for the protection
OF private property. This overthrowal was to
be accomplished by force. The organization
was national one, divided into groups, eighty
in ALL of which there were located in Chicago,
the North Side. with headquarters at No IS ely
bourn avenue tho Northwest side, No G3i
Milwaukee avenue; the American. No. 81 West
Lake street; the Karemark, No. 63 Emma
the Jefferson Nc 600 Milwaukee avenue, and
the Freiheit, Sherman street. Schwab.
Neebe, and Ling belonged to the North Side
group Engel and Fischer to the Northwest;
Spies Parsons and Fielden to the American.
Connected with those groups were armed sec
tions the Lehr und Wehr Verein containing
one thousand drilled men, and these soldiers
were known by numbers instead of names, de-
sire for secrecy being ~ greet Rae other armed